Talmud Bavli
Talmud Bavli

Commentary for Nedarim 139:8

מת הבעל נתרוקנה רשות לאב מנלן אמר רבה דאמר קרא (במדבר ל, ז) ואם היו תהיה לאיש ונדריה עליה

whilst thereafter, if he wishes to annul it, why cannot he do so? Surely it is because having confirmed it, he confirmed it [for good]! — No. He [the Tanna of that Mishnah] holds that every 'And I' is as though one declares, 'It be permanently confirmed unto thee.' <b><i>MISHNAH</i></b>. IF THE FATHER DIES, HIS AUTHORITY DOES NOT PASS OVER TO THE HUSBAND; BUT IF THE HUSBAND DIES, HIS AUTHORITY PASSES OVER TO THE FATHER. IN THIS RESPECT, THE FATHER'S POWER IS GREATER THAN THE HUSBAND'S. BUT IN ANOTHER, THE HUSBAND'S POWER IS GREATER THAN THAT OF THE FATHER, FOR THE HUSBAND CAN ANNUL [HER VOWS] AS BOGERETH<span class="x" onmousemove="('comment',' V. Glos. ');"><sup>8</sup></span> BUT THE FATHER CANNOT ANNUL HER VOWS AS BOGERETH.<span class="x" onmousemove="('comment',' The father can annul his daughter's vow only if a na'arah (v. Glos.) ');"><sup>9</sup></span> <b><i>GEMARA</i></b>. What is the reason?'<span class="x" onmousemove="('comment',' That the father's authority is not transmitted to the husband, as it is in the reverse case. ');"><sup>10</sup></span> — Because the Writ saith, In her youth, she is in her father's house.<span class="x" onmousemove="('comment',' Num. XXX, 17: i.e., as long as she is in her youth, she is under parental control. Hence if her father dies, his authority is not transferable. ');"><sup>11</sup></span> IF THE HUSBAND DIES, HIS AUTHORITY PASSES OVER TO HER FATHER. Whence do we know this?<span class="x" onmousemove="('comment',' The first question was 'what is the reason thereof', because, granted that the husband's authority is transmitted, as stated in the second clause, why is the father's not? But now the Talmud asks, how do we know that the husband's authority is transmitted? ');"><sup>12</sup></span> — Said Rabbah:<span class="x" onmousemove="('comment',' This is alluded to in 68a, where the reading is Raba. ');"><sup>13</sup></span> Because it is written, And if she be at all to an husband and her vows be upon her:<span class="x" onmousemove="('comment',' Ibid. 7. The word for 'being' is repeated, from which it is deduced that two betrothals are referred to. This is preceded by a verse dealing with the father's powers of annulment, and as stated above (p. 217, n. 5), the 'And' commencing v. 7 combines the two verses, teaching that even in the case of marriage the father may still retain his authority. ');"><sup>14</sup></span>

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